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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL No. 6750 the Applicant and the public, and the effect of the Proposed Development on the health, safety and welfare of the community. 4. The Property is zoned B-4 Office/ Professional. The Property is approximately 3.16 acres in area of which approximately 0.6 acres is wetland. 5. The RPUD zoning district requires 5 acres, or a finding that one of the following apply: a. Unusual physical features of the property itself or of the surrounding neighborhood such that development as a RPUD will conserve a physical or topographic feature of importance to the neighborhood or community. b. The property is directly adjacent to or across a public street from property which has been developed previously as a RPUD or planned residential development and will be perceived as and will function as an extension of that previously approved development. c. The property is located in an area where the proposed development provides a transition between a commercial or industrial area and an existing residential area or on an intermediate or principal arterial as defined in the comprehensive plan. d.The property contains steep slopes or a substantial number of significant trees that could be preserved through the clustering of buildings or other design techniques not generally allowed by the existing zoning district. The Council finds that these exceptions do not apply to the subject proposal. 6. The Property is adjacent to an office building to the north,a church to the west, and single family to the east and south. 7. The Proposed Development is for a 40 unit condominium building, which would create an effective density of 15.63 units per acre. The proposed density is higher than planned for in the Comprehensive Plan, where 15 units per acre is the maximum anticipated. 8. The Proposed Development shows a 5 story building comprised of residential floors, a penthouse, and an underground parking level with an estimated defined height of 48 feet 8 inches. This building would be the highest in the City and Council finds that this height would negatively impact the character of the surrounding neighborhood, including the two story commercial areas in Navarre. 9. The Applicant is unable to satisfactorily address the concerns that the Proposed Development would negatively impact the adjacent residential neighborhoods. 10. The Council finds that the proposed rezoning and Proposed Development are not in the best interest for the physical development of the City pursuant to Zoning Code Section 78-43.